By Swinford, et al.                                   H.C.R. No. 37
       74R3739 MPC-D
                                 CONCURRENT RESOLUTION
    1-1        WHEREAS, The Endangered Species Act originally was intended
    1-2  to protect threatened and endangered flora and fauna but has become
    1-3  a means to effect broader changes in land and water management; and
    1-4        WHEREAS, Overdue for reauthorization by the Congress of the
    1-5  United States, the Endangered Species Act does not currently
    1-6  provide for adequate input by the states into the process of adding
    1-7  new species to the endangered species list; and
    1-8        WHEREAS, The State of Texas strongly supports a moratorium on
    1-9  all new additions to the endangered species list until the 104th
   1-10  Congress reauthorizes and amends the Endangered Species Act to
   1-11  grant broader authority to the states; and
   1-12        WHEREAS, The United States Fish and Wildlife Service is
   1-13  poised to add the Arkansas River shiner to the endangered species
   1-14  list; and
   1-15        WHEREAS, The 74th Legislature of the State of Texas does not
   1-16  support the U.S. Fish and Wildlife Service's claim that the species
   1-17  is in danger of extinction in the foreseeable future because of
   1-18  habitat loss from the diversion of surface water, stream
   1-19  dewatering/depletion, water quality degradation, construction of
   1-20  impoundments, or possible inadvertent collection by the commercial
   1-21  bait fish industry or from competition with the introduced Red
   1-22  River shiner; and
   1-23        WHEREAS, This listing would effectively remove from the
   1-24  state, the cities, and local water districts control over the
    2-1  Ogallala Aquifer; now, therefore, be it
    2-2        RESOLVED, That the 74th Legislature of the State of Texas
    2-3  hereby reject the suggestion by the U.S. Fish and Wildlife Service
    2-4  that it has failed to manage its natural resources in the Ogallala
    2-5  Aquifer in an environmentally conscious manner; and, be it further
    2-6        RESOLVED, That the 74th Legislature of the State of Texas
    2-7  hereby express its adamant opposition to the addition of the
    2-8  Arkansas River shiner to the endangered species list until such
    2-9  time as the Endangered Species Act has been reauthorized and
   2-10  amended by the Congress of the United States; and, be it further
   2-11        RESOLVED, That the Texas secretary of state forward official
   2-12  copies of this resolution to the secretary of the Department of the
   2-13  Interior of the United States, to the president of the United
   2-14  States, to the speaker of the house of representatives and
   2-15  president of the senate of the United States Congress, and to all
   2-16  members of the Texas delegation to the congress.